Madras High CourtWP/27186/2018disposed of

A.Muthammal v. Union Of India

2018-10-12Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No. 27186 of 2018 and W.M.P.Nos.31628, 31632 & 31635 of 2018 A.Muthammal ... Petitioner Vs

1. Union of India, rep. by its Secretary to Government, Ministry of Petroleum & Natural Gas, Shastri Bhavan, New Delhi - 110 001.

2. The Joint Chief Controller of Explosives, A and D Wing, Block 1 to 8, 2nd Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai.

3. The District Collector,

4. The District Revenue Officer,

5. The Superintendent of Police,

6. The Divisional Engineer, Tamil Nadu State Highways Department, Dharmapurai.

7. The Assistant District Officer (Principal Addl.In-Charge), District Officer, Fire and Rescue, Dharmapurai District, Dharmapuri.

8. The Executive Engineer, Tamil Nadu Electricity Board, Dharmapurai, Dharmapuri District.

9. The Director of Health Department,

10. The Director, National Highways Authority of India, DP-34, Sabari Towers South Phase, 3rd Floor, Guindy, Chennai - 32.

11. The State Head, Essar Oil Ltd., Essar House, 5th Floor, No.7, Esplanade, Chennai - 600 108.

12. Mr.P.Mansithappan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari to call for the records relating to the impugned order of the 7th respondent in Ref.No.O.Mu. No.2430/A1/2018 dated 26.06.2018 and quash the same as the same is arbitrary, illegal and non-est in the eyes of law. For Petitioner : T.Arockia Dass for M/s. Dass Viswa Associates, For Respondents : Mr.V.Shanmuga Sundar, Special Government Pleader, R2 to R7, R9 & R10 Mr.M.Varunkumar, Standing Counsel for R8

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition challenging the impugned order dated 26.06.2018 passed by the seventh respondent in Ref.No.O.Mu. No.2430/A1/2018. 3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 27.09.2018 for not issuing no objection certificate in favour of the eleventh respondent to run the petrol bunk, but, the same is yet to be disposed of by the fourth respondent. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioner is directed to be considered by the fourth respondent, on merits.

4. Mr.V.Shanmuga Sundar, learned Special Government Pleader taking notice for R2 to R7, R9 & R10 and Mr.M.Varunkumar,

learned Standing Counsel taking notice for R8, submitted that the fourth respondent be directed to consider the petitioner's representation and pass orders in accordance with law. 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the fourth respondent to consider the petitioner's representation dated 27.09.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, respondents 11 & 12 as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. Consequently, connected W.M.Ps are closed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vga To

1. Union of India, Rep. By its Secretary to Government, Ministry of Petroleum & Natural Gas, Shastri Bhavan, New Delhi - 110 001.